DCCR Enforcement

Started by JulieS9 • 8 replies • 1143 views

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JulieS9 (Texas)
Posts: 6

Posted:

our DCCR states:

"Declarant, or Declarant in and for the Association, and/or the Association , as common expense to be paid out of the Maintenance Fund, or any owner at his expense shall have the right to enforce by proceedings at law or in equity all restrictions...."

Our HOA is asking us to pay for the legal fees after it clearly states in the by laws, DCCRs and addendums it comes out of maintenance fund. Can they do that?

RichardP13 (California)
Posts: 3,868

Posted:

I would assume that the Maintenance Fund is the same as the Operating Account, so yes.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

A HOA is ONLY funded by it's members for it's members. So yes, the HOA pays out of it's budget.

Former HOA President

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Julie

Who would you expect to pay?

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By RichardP13 on 06/18/2019 3:50 PM
I would assume that the Maintenance Fund is the same as the Operating Account, so yes.

Ditto.

Sikubali jukumu. Read all posts at your own risk.

JulieS9 (Texas)
Posts: 6

Posted:

Thank you all,

The HOA is sending us (my husband and I) the bill to pay for their legal fees of filing a TRO (temporary restraining order) because they want us to fill in an existing pond before construction. The HOA board approved all of our plans to build, including to keep the pond, but want us to pay the legal fees after we've asked them to drop the charges. Mind you, we own 2 acres (were also not in a developed subdivision, but land) and only pay $110 a year for HOA fees (its a joke). If it clearly states that the fees come out of the maintenance fund, why are they pushing us to pay for it. They wont follow their own rules. Weve been dealing with this since December 4th 2018.

BobB31 (Florida)
Posts: 178

Posted:

Quote:

Posted By JulieS9 on 06/19/2019 8:04 AM
Thank you all,

The HOA is sending us (my husband and I) the bill to pay for their legal fees of filing a TRO (temporary restraining order) because they want us to fill in an existing pond before construction. The HOA board approved all of our plans to build, including to keep the pond, but want us to pay the legal fees after we've asked them to drop the charges. Mind you, we own 2 acres (were also not in a developed subdivision, but land) and only pay $110 a year for HOA fees (its a joke). If it clearly states that the fees come out of the maintenance fund, why are they pushing us to pay for it. They wont follow their own rules. Weve been dealing with this since December 4th 2018.

Wait - so this TRO was filed against you? That's different. They might have the right to collect the legal fees from you but I would think that is for a court to decide unless you agreed to pay the fees as a condition of their lifting the TRO. You should consult a lawyer.

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By JulieS9 on 06/19/2019 8:04 AM
The HOA is sending us (my husband and I) the bill to pay for their legal fees of filing a TRO (temporary restraining order) because they want us to fill in an existing pond before construction. The HOA board approved all of our plans to build, including to keep the pond, but want us to pay the legal fees after we've asked them to drop the charges. Mind you, we own 2 acres (were also not in a developed subdivision, but land) and only pay $110 a year for HOA fees (its a joke). If it clearly states that the fees come out of the maintenance fund, why are they pushing us to pay for it. They wont follow their own rules. Weve been dealing with this since December 4th 2018.

Julie, I am with you. I would write a short 'just the facts' letter like the following:

------------------
Subject: Improper Billing for TRO

Dear Declarant of Happy Acres HOA,

The Declaration at section ____ states: "Declarant, or Declarant in and for the Association, and/or the Association , as common expense to be paid out of the Maintenance Fund, or any owner at his expense shall have the right to enforce by proceedings at law or in equity all restrictions...."

Because of this, our understanding is that we, as individual members, owe neither the Declarant nor the HOA any money for the cost of the temporary restraining order (TRO) you filed against us and have since removed. We further feel that the TRO was unnecessary. We believe this issue was on its way to amicable resolution without the TRO.

Please stop billing us for the cost of your obtaining the TRO.

Thank you,

Jane and John Doe
#____ Heavenly Street
Members, Happy Acres HOA
------------------------------

If the Declarant continues to bill you, report back, and this forum can likely give suggestions on how to elevate the tone.

JulieS9 (Texas)
Posts: 6

Posted:

Thank you everyone,

We have bent over backwards and did everything the HOA asked for, they approved our pond to stay but wont drop the TRO. Now want us to pay after it clearly states it should be paid from maintenance fund. I politely asked management to speak to the HOA because they should have been managing the interactions. We received a letter from the HOA attorney to stop contacting the management company... So why do we pay 84% of our fees to them if we cant even talk to them.

I don't even understand how we are an unrecorded subdivision has an HOA... anyways, they wont drop it. Continue to send us the bill after weve explained it was unnecessary and weve provided all documents to keep it. Also, two properties down from us has a pond. The house across the street has a pond. She's very malicious

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